An interesting judgment highlights a potential remedy for patients when pursuing any medical negligence claim which has been paid privately.
In Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB), the Court not only awarded damages to the claimant after failed dental implant surgery, but also against her credit card company, which the court said was jointly and severally liable for the damages. This may be particularly important when the solvency of the medical services provider or any indemnity is in doubt.
The background of the case
The claimant, Mrs Caroline Bailey, recovered significant damages (over £100,000) for dental treatment and implant surgery carried out by Dr Bijlani in May 2018. Mrs Bailey required surgical removal of the implant, and suffered bone loss in her jaw as well as the loss of teeth. There were subsequent considerable remedial treatment and Mrs Bailey also developed ischaemic colitis as a result of the medication that she took for dental pain.
The Consumer Credit Act
However, as the ‘supplier of services’ (the dental surgery) had caused damage, Mrs Bailey also successfully claimed against her credit card company under section 75 of the Consumer Credit Act.
The credit card company was found ‘jointly and severally’ liable for the damages since the treatment was paid for using a credit card. Section 75 is intended to protect consumers and a credit card provider is as responsible as a supplier of services or retailer particularly if the supplier has caused damage.
Our recommendation
The case will be of interest to those paying for private treatment by credit card, and if there are issues with the solvency of the services provider or if any indemnity is in doubt. If you believe you or your loved one may have grounds for a claim of this nature, we encourage you to get in touch with our team today.
Find out more about how we help people with professional negligence claims >>
We also support people and families who have been affected by medical negligence >>
You can contact us free of charge on 0808 164 0808, or you can request a call back and we will call you.
